The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-03-01
The Court Decides that the Marion-C0unty
Election Conspiracy Was Not Crime
Against the United States.
FOR that Reason Perkins Cannot Be Pun
ished by Commissioner Van Buren,.
The Committee of One Hundred Authorizes
Its Attorneys to at Once Institute Pro-
ceedings in the County Courts.

habeas corpus case, hundred more persons
gathered at the federal courtroom yesterday
morning. Perkins in the crowd, but of the
four defendants in the conspiracy case Bern
hamer only was present The appeal of Perkins
from the ruling of Judge Woods,
who held that Commissioner Van Buren,
had auth ority to punish Perkins for
refusing to testify in the election conspiracy
.ase, was argued before Judge Gresham over
three weeks ago. hut he deferred rendering his
decision because other court business demanded
his immediate attention. In the meantime
Perkins has been out of Jail on bail, and when
ne appeared in court yesterday morning it was
apparent that he was very nervous
about the impending decision which
would determine whether he should
60 back to Jail to serve out his three months
sentence be given unrestrained freedom
again. A favorable decision was not unexpect-
pected, Judge Gresham's interrogations during
the argument having Indicated that he was dis
posed to think that the in which
the federal court had no jurisdiction. In his de-
cision which is given below in full no sustained
the plea of Perkins's attorneys. that there had
been no ofense committed against the govern
nent:
THE statutes Of Indiana provide that
when the votes at any election are counted tb
ecafd of judges shall make certificate stating in
words the number each person has received for any
Office and such certificate with one of the lists of
voters and of the tally shall be deposited
with the inspector of the judges selected by
he board.-Section 4712.
Of the lists of voters and of the tally papers,
in presence of he judges and clerks, placed by
the inspector in paper envelope or bag which is
closed sealed and delivered by him to the county
clerk soon possible. and on or before the Thurs
1.-THE inspectors of each township precinct the
judges to whom the certificates, pollbooks and tally
papers delivered, constitute board of
whose duty it to canvass and estimate them and to
assemble at the courthouse the Thursday next
succeeding the election for that purpose.-Section
i715.
1.-The board of canvassers is required to compare
and examine the papers intrused to it, and to aegre
gate and tabulate from them Of the county
statement thereof is drawn up by the clerk of the
Circuit Court showing the votes for each person in
each township and precinct and tie aggregate of such
votes. which is signed by each member of the board
and delivered to the clerk with the certificates, poll
books and tallypa so used by it-section 4717
Der Of votes given for each Office [Section 471S and
ten days after its return is made the clerk issues
their demand. except where they are commissioned
oy the Governor. In such the clerk within ten
days after sne receipt by him Of the return s .S OF the
sons who have been declared elected by man, TO the
Secretary of State.-Section 4721.
The Secretary OF State Immediately compares and
estimates the votes given for representatives in Con-
sress and certifes to the Governor the hav
ing the highest Number of votes duly elected, and
the Governor issues to each of them certificate of
his electioa.-Section 472S.
ION the 7th day of December 1886, an afida
was made and filed by Theodore Wagner before
William A. VanBuren, one of the Commission
ers Of this court, charging William T. A. Bern
hamer and John II. Counselman, who were off
OF an election which was held on Nov. 2,
1856, for the purpose of choosing State and coun-
ty officers and Representative in Congress
from the Seventh congressional district Of In
diana, with having conspired with Simeon Coy
and Henry D. Span to commit an otfense
against the United States by changing the tally
papers that were prepared at several precincts
and designed for the of the board Of
vassers SO to show and have it declared that
Frank A. Morrison was elected coroner and All
bert T. Ayres was elected criminal judge of
Marion county, when they were not SO eleeted
and that, in furtherance of this conspiracy,
they did so change such Wallpapers. The
defendants were arrested and brought before the
commissioner for examination. and, in the
course thereof. Samuel E. Perkins was sub
p9naed and called witness for the govern
lnent, and declined to be sworn or testify claim
ing that the commissioners held no jurisdiction
OF the offenso charged in the affidavit He was
thereupon committed to the Jail of Marion
county for the period or three months by the
commissioner. as for contempt of court. Per-
kns applied for release upon writ of habeas
corpus which was denied by the district court,
and his application is now before this court on
appeal
afe cited applicable to the offenses charged in
the affidavit Sections 55l1, 5512, 55l4 and
S5l5 So much OF Section 5511 as need be re-
ferred to provides that if, at any election fol-
Representative in Congress, any person know
singly o., fsonates and votes, or attempts to vote
in the OF another, or votes more than
once, at the same election for any candidate fol-
the same Office by threat, intimidation, brib
cry. reward or offer thereof unlawfully inter
feres ID any manner with any officer Of sucf
election in the discharge of his duties, or by any
such means, or any other unlawful means, induces
any officer of an election, or officer whose duty
it is to ascertain. announce or declare the result
of any such election, or give or make any certh
cate or evidence in relation thereto to violate OF
refuse TO comply with his duty, or knowingly
ads counsels or advises any such voter or Officer
20 do any act thereby made crime. or omits Il
80 any duty the omission of which is thereby
made crime, shall be punished as therein spec
He'd.
'sThe greater portion Of Section 55i2 relate.
to fraud in the registration of voters at elections
for Representatives in Congress- and concludes
by declaring that if any such officer other per
son who has any duty to perform in relation t.
such registration or election in ascertainine
announcing or declaring the result thereof, O
in giving making any certificate or eyidenc
IN relation thereto, knowingly neglects or re
fuses to perform any duty required by law, L
violates any duty imposed by l.w or does an
act unauthorized by law relating to or affectin
such registration or electiod, or the result there
OF, or any certificate oS evidence in relatio
thereto, or II any per1on aids, counsels, procure
or advises any suck voter, person or officer to d
any act hereby node crime, every such perso
shall be pun.eha5le as ia the last section.
''sect.n 55i4 declares that whenever the Law
OIL an state or Territory require that the nam
o. candidate person to be voted for as Rel
ressntative or Delegate in Congress shall b
printed written contained on any ticket
ballot with the names of other Candidates or pc
sons TO be eoted for at the same election,
State, Territorial municipal or local officers.
shall be deemed sufficient prma facie evidence